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Research On The Issues Concerning Procedural Law Of Medical Disputes

Posted on:2010-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
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In recent years, the law cases about disputes between doctors and patients are constantly increasing . Due to the imperfection of correspondent laws , as well as the differences and confusion lying in how to cope with medical disputes and compensations, the rights of doctors and patients cannot get effective protected. Besides, lawsuits related to medical disputes are constantly delayed and very likely to turn out to be some certain social contradictions. So it's essential for the jury to deal well with the appropriate application of the procedural law of medical disputes. Researching methods combining theories with practice were adopted in this thesis; problems about the appropriate application of the procedural law of medical disputes have been analyzed deeply in order to find the defects. Besides, based on practice, methods about how to improve the procedural law of medical disputes were brought out to optimize the civil law legislation and verdicts.Basic theories of the medical disputes were introduced mainly in the first part of the thesis, including the concepts, features and classification of medical accidents etc.. Medical dispute proceedings are caused by the contradictions between rights and obligations, which are triggered by medical infringing act or medical service contract breach between equal doctors and patients that are regulated by the civil law and the medical science law. This kind of regulation belongs to the civil proceedings. They are the most effective and powerful system participated by disputers in which the certain state organ deals with medical disputes. Through the discourse about the law characteristics of medical disputes and its proceedings and the analysis of domestic medical dispute situations, the thesis came to the conclusion that medical disputes are not only the worry in China but also around the world. Harmonious relationship between doctors and patients needs unanimous efforts from the whole society.The appropriate application of the procedural law of medical disputes was illustrated in the second part.Firstly, the basic principles of civil procedural law of medical disputes were introduced. During the whole proceedings, the basic principles of the law must be abided by. Meanwhile, medical behaviors have its high-standarded specialty, complexity, physical violence, uncertainty etc., so apart from the civil procedural law, some inherent principles must be complied with. They include medical scientific theories. That means science knowledge and medical skills must be applied to the medical problem study. Diagnoses must be treated with strict scientific attitudes without any simple judgments and violation against science. Medical specialty and the appropriate statutes used in the procedural lawsuits must strictly follow the legal proceedings.The statutes that should be applied by the people's Court of Law while trying a case about medical dispute and some common issues about application of the procedural law of medical disputes in academic circles were illustrated. In practice, some main applicable laws consist of'Regulations for handling Medical Malpractices','General Provisions of the civil law','Explanation for the Problems of law Application concerning compensations for physical damages','Contract Law'etc.. According to'Regulations for handling Medical Malpractices', medical treatments that have been appraised not to meet the standards for malpractices cannot get compensations, while the standards do do the patients lots of harm.'Regulations'contradicts'General Provisions of the civil law'to some extent. Whereas, in terms of'General Provisions of civil law', mental compensations are given as long as medical treatments have brought bad consequences. With reference to'Explanation', it might happen that medical treatments under the malpractice standards can be compensated more than standarded malpractices. All in all, the problems above are bad consequences generated in the law application of medical dispute lawsuits.Theoretical circle puts forward lots of proposals as well as assumptions and realistic circle defends both the doctors and patients, while the author has its own idea about the appropriate application of the procedural law of medical disputes. The basic theories on medical-malpractice compensation were explained mainly in the third part. The standards and ranges of medical-malpractice compensations were generalized and the necessary premises when undertaking its civil liabilities were illustrated. Apart from that, based on judicial practice, some main items related to medical-malpractice compensation were analyzed respectively, giving some practical directive significance.Its deficiencies and how to improve the system of the medical dispute proceedings in China were discussed in the fourth part. The appropriate application of the procedural law of medical disputes as well as problems lying in the technical appraisal for the medical negligence were elaborately analyzed so as to put forward correspondent improving measures. It's not only beneficial for both doctors and patients but beneficial for the People's Court to undertake impartial investigation when trying a medical dispute lawsuit as well. It's believed that the research and discussion about the problems lying in the appropriate application of the procedural law of medical disputes should benefit the system of the medical dispute proceedings in China to some extent.
Keywords/Search Tags:Medical disputes, Medical-malpractices, Medical-malpractice compensations, The appropriate application of the procedural law of medical disputes
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